Austin American-Statesman

Senators pass six open-government measures,

Bills, sent back to House, boost public access to records.

- By Chuck Lindell clindell@statesman.com Contact Chuck Lindell at 512912-2569. Twitter: @chucklinde­ll

Moving to revive six open-government bills stalled in a Texas House committee, the Senate on Thursday grafted versions of all six bills onto related legislatio­n and sent it back to the House.

The amendments — three from bills by Sen. Kirk Watson, D-Austin, and three from bills by Rep. Todd Hunter, R-Corpus Christi — resurrecte­d legislatio­n that has been bottled up in the House Government Transparen­cy and Operation Committee, where Chairman Gary Elkins, R-Houston, has called some of the open-government bills flawed or in need of com- promise language because of business opposition.

All six were ad d ed as amendments to House Bill 2328, which was designed to streamline requests for public informatio­n from state and local government­s. The much heftier bill was approved 30-1, with Sen. Bob Hall, R-Edgewood, opposed.

“This is a big, important bill, and I am really proud of the Senate for taking a very strong stand for open government,” Watson said after the vote, which had been delayed from Tuesday so a Senate committee could examine the three House bills Thursday morning.

The amended HB 2328 will return to the House, where its author, Rep. Eddie Lucio III, D-Brownsvill­e, can ask House members to approve the changes or seek a con- ference committee to work out a compromise.

The new legislatio­n includes three Watson bills, previously approved by the Senate, that seek to undo or limit Texas Supreme Court rulings that:

Exempted nonprofits that receive public money from the state’s open-records laws.

Allowed companies to block the release of govern- ment contracts and other informatio­n that could give competitor­s an advantage.

Enhanced government’s ability to protect informatio­n under attorney-client privilege. Watson hopes to ensure that the ruling cannot be extended to informatio­n beyond attorney-client privilege.

Two of the Hunter bills would require the release of informatio­n stored on private devices owned by government officials and employ- ees and would make birth dates a public record except for members of law enforcemen­t, if contained in per- sonnel files or voting rolls.

The third Hunter bill would require government­s to respond to open-records requests even if they do not have any available informatio­n.

The bill also would end the practice of raising generic exemptions to public disclosure by requiring government­s to specify claimed exemptions.

Watson said the new bill “closes significan­t holes that were blown in the Public Informatio­n Act.”

“The public needs to have access to this informatio­n,” he said.

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